AchieveCard Prepaid Visa Card Cardholder Agreement
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 1/11The AchieveCard Prepaid MasterCard® is issued by First California Bank. The AchieveCard Prepaid Visa® Card is issued byThe Bancorp Bank. Please click on the Cardholder Agreement you wish to view:AchieveCard Prepaid MasterCard® – First California BankAchieveCard Prepaid Visa® Card – The Bancorp BankCARDHOLDER AGREEMENTIMPORTANT – PLEASE READ CAREFULLYTerms and Conditions/Definitions for the AchieveCard Visa® Prepaid Card.This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the AchieveCard Visa PrepaidCard has been issued to you by The Bancorp Bank, Wilmington, Delaware (“The Bancorp Bank” or “Issuer”). The Issuer isan FDIC insured member institution. “Card” means the AchieveCard Visa Prepaid Card issued to you by The BancorpBank. By activating and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.“Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and“your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in thisAgreement. “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees. You acknowledge and agreethat the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have beenloaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. Theexpiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected inany way to any other account. The Card is not for resale. You will not receive any interest on your funds in the Card Account.The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable andit may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is notdesigned for business use, and we may close your Card if we determine that it is being used for business purposes. Wemay refuse to process any transaction that we believe may violate the terms of this Agreement.Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days”found in this Agreement are calendar days unless indicated otherwise.Write down your Card number and the customer service phone number provided in this Agreement on a separate piece ofpaper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefullyand keep it for future reference.Receipt of CardYou may have received this Card as part of an unsolicited offer from us or one of our marketing or service providers, bycompleting a request to receive a Card online, or through an invitation to receive a Card from us or from one of ourmarketing or service providers. You may have also received this Card as a replacement to an expired Card or at yourrequest as a replacement for a lost or stolen Card.If you have any questions or concerns as to why you received this Card, or to opt-out of receiving a Card or any future offersfrom us, please call us at 1-877-320-8437. You may be asked to enter your Card number. By providing your Card numberduring the opt-out process, you are not activating the Card or providing us with any information that will be used for anypurpose other than to remove you from our mailing list. If you do not wish to activate or retain this Card, please destroy anddispose of the Card immediately by cutting it in half.This Card is a prepaid card, not a credit card. The Card is not active and there is no value on the Card until or unless youload funds to the Card Account or until or unless funds are loaded to the Card Account on your behalf. No credit informationwas pulled or accessed from any credit bureau or credit reporting agency in connection with your receipt of this Card. Foryour safety and the safety of your personal information, we only collect personal information to identify you if you choose toactivate the Card in compliance with applicable law (please refer to the section of this Agreement titled “Activating YourCard” for more information).
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 2/11IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENINGA NEW CARD ACCOUNTTo help the government fight the funding of terrorism and money laundering activities, federal law requires all financialinstitutions to obtain, verify, and record information that identifies each person who opens a Card Account. What thismeans for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information thatwill allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.Activating Your CardYou must activate your Card before it can be used. You may activate your Card by calling 1-800-206-2956 or by visitingwww.achievecard.com.Your Representations and WarrantiesBy activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) youare at least eighteen (18) years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S.citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S.street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true,correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and(vi) you accept the Card.Personal Identification NumberYou will be assigned a Personal Identification Number (“PIN”) once you have activated your Card Account with yourpersonal information. You can change the PIN number that is assigned to you by calling 1-800-486-0272 and providingpersonal information to allow us to identify you. You should not write or keep your PIN with your Card. Never share your PINwith anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminalthat appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, youshould advise us immediately following the procedures in the paragraph labeled “Your Liability for UnauthorizedTransfers.”Authorized Card UsersYou are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit anotherperson to have access to your Card or Card number, we will treat this as if you have authorized such use and you will beliable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Cardaccording to the terms and conditions of this Agreement.Secondary CardholderYou may not request an additional Card for another person.IMPORTANT INFORMATION ABOUT LOADINGYOUR CARD, ACCESSINGYOUR CASH AND USINGYOUR CARDLoading Your CardYou may add funds to your Card, called "value loading", at any time subject to the following limitations. Using directdeposit, the minimum amount and maximum amount of each initial value load is one cent ($0.01) and ten thousanddollars ($10,000.00), respectively. Using direct deposit, the minimum amount and maximum amount of each value reloadis one cent ($0.01) and ten thousand dollars ($10,000.00), respectively. Using direct deposit, the maximum number oftimes you may load your Card per month is twenty (20) and the sum of all your loads in a given month may not exceedfifteen thousand dollars ($15,000.00) per month.The maximum balance in your Card Account cannot exceed ten thousand dollars ($10,000.00) at any point in time. Anyload may be rejected at any time if the amount of such load may cause the maximum balance in your Card Account toexceed ten thousand dollars ($10,000.00) at any point in time. You will typically have access to funds loaded to your CardAccount via direct deposit on the same day received by us which is the effective date for such direct deposit. You shouldcheck with your payroll or benefits provider to determine the effective date for any direct deposit you have instructed your
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 3/11payroll or benefits provider to load to your Card.We may increase or decrease these limits from time to time in our sole discretion. We reserve the right to accept or rejectany value load or reload to the Card at our sole discretion. The Card may only be loaded or reloaded by the primarycardholder.You may also value load your Card with cash via a GreenDot® MoneyPak®. For details on how to value load your Card, howmuch you can load to your Card, and the limits on how much you can load to your Card using the GreenDot®MoneyPak®,please see the back of your GreenDot® MoneyPak®. You will typically have access to funds you load to your Card Accountvia cash within one (1) hour of such load. .Personal checks, cashier’s checks, and money orders to the Issuer are not an acceptable form of loading. All checks andmoney orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards anegative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of theIssuer.Preauthorized PaymentsIf you have told us in advance to make regular payments out of your Card Account, you can stop any of these payments ifyou follow these steps.Call us at 1-800-486-0273 or write us at AchieveCard Prepaid MasterCard; Attn: Disputes Department; PMB 296 P.O. Box200255; Austin, Texas 78720 in time for us to receive your request three (3) business days or more before the payment isscheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14)days after you call. If these regular payments vary in amount, the person you are going to pay should tell you ten (10) daysbefore each payment, when it will be made and how much it will be. If you notify us to stop one of these payments three (3)business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses ordamages.Cash AccessWith your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale(“POS”) device, as permissible by a merchant, that bears the Visa®, Interlink®, STAR®, NYCE®, or Allpoint ® AcceptanceMark. All ATM transactions are treated as cash withdrawal transactions. You are permitted up to eight (8) ATM withdrawalsper day. The maximum withdrawal amount is three hundred dollars ($300.00) per transaction, up to a maximumwithdrawal amount of six hundred dollars ($600.00) per day. The maximum withdrawal amount for international ATMtransactions is three hundred dollars ($300.00) per transaction, up to a maximum withdrawal amount of three hundreddollars ($300.00) per day. Any funds withdrawn from a POS device or participating bank (over the counter withdrawal) willbe subject to the maximum amount that can be spent on your Card per day.Using Your Card/FeaturesThe maximum amount that can be spent on your Card per day is two thousand five hundred dollars ($2,500.00). Themaximum value of your Card is restricted to ten thousand dollars ($10,000.00).You are permitted to conduct up to twenty-five (25) POS purchase transactions per day. The maximum POS purchaseamount is two thousand five hundred dollars ($2,500.00) per transaction, up to a maximum of two thousand five hundreddollars ($2,500.00) per day.You may use your Card to purchase or lease goods or services everywhere Visa debit cards, Interlink cards, STAR cards,or NYCE cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants donot allow cardholders to conduct split transactions where you would use the Card as partial payment for goods andservices and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transactionand it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on theCard to the Card. You must then arrange to pay the difference using another payment method. Some merchants may
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 4/11require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a splittransaction prior to swiping your Card, your Card is likely to be declined.If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize thetransaction amount up to one hundred twenty-five dollars $125.00 or more. If your Card is declined, even though youhave sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, ahotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount forthe purchase amount plus up to 20%or more to ensure there are sufficient funds available to cover tips or incidentalexpenses incurred. Any preauthorization amount will place a “hold” on your available funds until the merchant sendsus the final payment amount of your purchase. Once the final payment amount is received, the preauthorizationamount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period,you will not have access to the preauthorized amount.If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), thelegal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number oftransactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for onlinegambling or any illegal transaction.Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of thetransaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through anindividual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds availableon your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold forthat amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount offunds for up to sixty (60) days.Non-Visa Debit TransactionsNew procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past,transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN,transactions may be processed as either a Visa debit transaction or as a STAR or NYCE transaction.Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if theysupport the option. Please be advised that should you choose to use the STAR or NYCE network when making atransaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debittransactions as described in this Agreement will not apply to transactions processed on the STAR or NYCE network.Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights andprotections applicable to Visa debit and non-Visa debit transactions.To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide yourCard number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enteryour PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction asa non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.Returns and RefundsIf you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits toyour Card for such refunds and agree to the refund policy of that merchant. The Issuer is not responsible for the delivery,quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All suchdisputes must be addressed and handled directly with the merchant from whom those goods or services were provided.Card ReplacementIf you need to replace your Card for any reason, please contact us at 1-888-486-0273 to request a replacement Card. Youwill be required to provide personal information which may include your Card number, full name, transaction history,
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 5/11copies of accepted identification, etc. There is a fee for replacing your Card, see the “Fee Schedule” for details.Transactions Made In Foreign CurrenciesIf you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, theamount deducted from your funds will be converted by Visa into an amount in the currency of your Card. The exchange ratebetween the transaction currency and the billing currency used for processing international transactions is a rate selectedby Visa from the range of rates available in wholesale currency markets for the applicable central processing date, whichmay vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processingdate. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, theIssuer may assess a foreign currency conversion fee of 2.95% of the transaction amount and will retain this amount ascompensation for its services. Transactions made outside of the 50 United States and the District of Columbia are alsosubject to this conversion fee even if they are completed in U.S. currency.ReceiptsYou should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile yourtransactions and receipts.Card Account Balance/Periodic StatementsYou are responsible for keeping track of your Card Account available balance. Merchants generally will not be able todetermine your available balance. It’s important to know your available balance before making any transaction. You mayaccess your available balance by accessing your Card Account online or by calling 1-888-486-0273. Statements inelectronic format will be made available free of charge at www.achievecard.com during each month in which a transactionoccurs. You will not automatically receive paper statements. You may choose to have a paper statement mailed to you bycontacting us each time at 1-888-486-0273 or by registering online for paper statements at www.achievecard.com. Pleasebe aware that there is a fee that will be assessed to your Card Account for each paper statement that you request.IMPORTANT INFORMATION ABOUT FEES CHARGED TO YOUR CARD ACCOUNTFee PlansWe offer three fee plans for your convenience. When you first activate your Card, you are automatically enrolled in the GoldPlan unless you choose the Platinum Plan or Silver Plan. The fees for each plan differ, as shown in the chart below. If youenroll in the Platinum Plan, which includes a Monthly Maintenance Fee of fourteen dollars and ninety-five cents ($14.95),you also will have access to the Achieve Discount Health Plan, Achieve ID Theft Protection and Achieve RoadsideAssistance services. The Gold Plan is the standard plan which includes a Monthly Maintenance Fee of nine dollars andninety-five cents ($9.95). Your Monthly Maintenance Fee for both the Platinum and Gold Plan is assessed on the date ofyour first load to your Card Account and every thirty (30) days thereafter. The Silver Plan has no Monthly Maintenance Fee,but higher transaction fees for PIN and signature purchases than the Platinum and Gold Plan.You may switch fee plans at any time by calling 1-800-486-0273. If you choose to switch fee plans, your new fee plan willbecome effective on the first day of your next billing cycle. Your billing cycle is defined as every thirty (30) days from date onwhich you first loaded funds to your Card. You may have to wait up to thirty (30) days for the new fee plan to take effect. Inaddition, switching to a new fee plan may result in an increase in fees.If you enroll in the Platinum Plan and your available balance is negative and as such, we are unable to collect your fullfourteen dollar and ninety-five cent ($14.95) Monthly Maintenance Fee, your fee plan will be switched back to our standardGold Plan if you do not reload your Card within the next thirty (30) days. After this thirty (30) day period, you will no longerreceive the Platinum Plan benefits of the Achieve Discount Health Plan, Achieve ID Theft Protection and Achieve RoadsideAssistance. If your Card Account continues to maintain a negative balance for ninety (90) days from the date of the firstnegative balance drawn, we will close your Card Account.Platinum Plan – Additional ServicesThe products and services offered through the AchieveCard Platinum Plan including the Achieve Discount Health Plan,
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 6/11Achieve ID Theft Protection and Achieve Roadside Assistance are not directly associated with your Card or with us. Theseadditional services are offered to you under separate terms and conditions. Please carefully read the “AchieveCardPlatinum Plan Terms and Conditions” governing the Achieve Discount Health Plan, Achieve ID Theft Protection andAchieve Roadside Assistance for a listing of your rights and responsibilities and limitations of use for these additionalservices. These can be viewed anytime at www.achievecard/AchieveCard Platinum Terms and Conditions. ThosePlatinum Plan Terms and Conditions are in addition to the terms of this Agreement, which apply to all fee plans.NOTE: The Achieve Discount Health Plan services are not currently available outside of the United States or in thefollowing states: Florida, Montana, Utah, Vermont and Washington. If you anticipate seeking health care services outside ofthe United States or in any of those states, you will be unable to use the Achieve Discount Health Plan. Additionalgeographic limitations may apply for specific services within the Achieve Discount Health Plan.Fees and Your Available BalanceAll fees assessed by us are deducted from your Card Account available balance. If your available balance isinsufficient to cover any transaction amount or any transaction fee(s) assessed or both, the transaction may bedeclined. Furthermore, if your available balance is insufficient to cover the Monthly Maintenance Fee assessed, yourCard Account will be drawn negative for any portion of the Monthly Maintenance Fee that is not covered by youravailable balance. Please be aware that when you reload your Card, your available balance will first be applied tocover the portion of the Monthly Maintenance Fee that drew your balance negative before any transaction activity isprocessed to your Card Account. If your Card Account maintains a negative balance for ninety (90) days from the dateof the first negative balance drawn, we will close your Card Account. We reserve the right to offset any negativebalance by any current or future funds you may load to or maintain in your Card Account or any other Card or CardAccount you maintain with us now or in the future.Fee Schedule
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 7/11Additional services included with your AchieveCard Visa Prepaid Card: Card Activation, Direct Deposit, Automated PhoneSystem Inquiry, Live U.S Based Customer Support, Online Account Statement, AchieveCard to AchieveCard funds transfer,Bill Pay Service - Electronic Payment or Physical Check (initiated through your AchieveCard online accounton www.achievecard.com), and SMS Alerts**Standard text messaging rates from your wireless service provider may applyNOTE: If you use an ATM that does not have the Allpoint Surcharge-free acceptance mark for any transaction, including abalance inquiry, you may be charged a fee by the ATM owner or operator in addition to our fee(s) stated above even if youdo not complete a withdrawal. This ATM fee is a third party fee assessed by such individual ATM owner or operator and isnot assessed by us. Such third party ATM fee will be charged to your Card Account in addition to any fee(s) stated above.IMPORTANT INFORMATION REGARDINGYOUR RIGHTS AND RESPONSIBILITIES
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 8/11ConfidentialityWe may disclose information to third parties about your Card or the transactions you make:(1) Where it is necessary for completing transactions;(2) In order to verify the existence and condition of your Card for a third party, such as merchant;(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;(4) If you consent by giving us your written permission;(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or(6) Otherwise as necessary to fulfill our obligations under this Agreement.Our Liability for Failure to Complete TransactionsIf we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreementwith you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, forinstance:(1) If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;(2) If a merchant refuses to accept your Card;(3) If an ATM where you are making a cash withdrawal does not have enough cash;(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about theproblem when you initiated the transaction;(5) If access to your Card has been blocked after you reported your Card lost or stolen;(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;(7) If we have reason to believe the requested transaction is unauthorized;(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completionof the transaction, despite reasonable precautions that we have taken; or(9) Any other exception stated in our Agreement with you.Your Liability for Unauthorized TransfersContact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possiblelosses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from yourCard Account without your permission, call us at 1-800-486-0273. Under Visa U.S.A. Inc. Operating Regulations, yourliability for unauthorized Visa debit transactions on your Card Account is zero dollars ($0.00) if you notify us within two (2)business days and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does notapply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business days ofany unauthorized transactions, you can lose no more than fifty dollars ($50.00) if someone used your Card without yourpermission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we canprove that we could have stopped someone from using your Card without your permission if you had promptly notified us,you could lose as much as five hundred dollars ($500.00).Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once followingthe procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us inwriting within sixty (60) days after you become aware of the transaction and/or after the statement was made available toyou, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someonefrom taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card.
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 9/11If your Card has been lost or stolen, we will close your Card Account to keep losses down.Other Miscellaneous TermsYour Card and your obligations under this Agreement may not be assigned. We may transfer our rights under thisAgreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other associationinvolved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of thisAgreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmentalagency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.Amendment and CancellationWe may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in themanner provided by applicable law prior to the effective date of the change. However, if the change is made for securitypurposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement atany time. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect anyof our rights or your obligations arising under this Agreement prior to termination.In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balanceto be returned to you via a check to the mailing address we have in our records. There is a fee for this service.Please referto the fee schedule above. The Issuer reserves the right to refuse to return any unused balance amount less than onedollar ($1.00).Information About Your Right to Dispute ErrorsIn case of errors or questions about your electronic transactions, call 1-800-486-0273 or write to AchieveCard Visa PrepaidCard; Attn: Disputes Department; PMB 296 P.O. Box 200255; Austin, Texas 78720 if you think your statement or receipt iswrong or if you need more information about a transaction listed on the statement or receipt. We must allow you to reportan error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could beviewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You mayrequest a written history of your transactions at any time by calling us at 1-800-486-0273 or writing us at AchieveCard VisaPrepaid Card; Attn: Disputes Department; PMB 296 P.O. Box 200255; Austin, Texas 78720. You will need to tell us:1. Your name and Card Account number2. Why you believe there is an error, and the dollar amount involved3. Approximately when the error took placeIf you provide this information orally, we may require that you send your complaint or question in writing within ten (10)business days.We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any errorpromptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. Ifwe decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that youwill have the use of the money during the time it takes to complete the investigation. If you do not have federal payments(for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we maynot credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10)business days, we may not credit your Card.For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days toinvestigate your complaint or question. For new Card Accounts, we may take up to twenty (20) business days to credit yourCard Account for the amount you think is in error.We will tell you the results within three (3) business days after completing the investigation. If we decide that there was noerror, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 10/11contacting us at the phone number or address listed at the beginning of this section. If you need more information aboutour error-resolution procedures, call us at 1-800-486-0273 or visit us at www.achievecard.com.English Language ControlsAny translation of this Agreement is provided for your convenience. The meanings of terms, conditions andrepresentations herein are subject to definitions and interpretations in the English language. Any translation provided maynot accurately represent the information in the original English.Customer ServiceFor customer service or additional information regarding your Card, including hours of operation, please contact us at:AchieveCard Visa Prepaid CardAttn: Customer ServicePMB 296, P.O. Box 200255Austin, TX 78720Or by phone at: 1-800-486-0273Customer Service agents are available to answer your calls:Monday through Friday, 8 a.m. to 8 p.m. CT;Saturday, 9 a.m. to 6 p.m. CT (holidays excluded).Telephone Monitoring/RecordingFrom time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customerservice or as required by applicable law.No Warranty Regarding Goods or Services as ApplicableWe are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with yourCard.Short Message Service Text Message ("SMS"), E-mail, Mail, Telephone Calls and Prerecorded Telephone Calls (eachindividually, a "Notification" and collectively, "Notifications")We would like to send you Notifications about your Card Account and other matters of interest to you as a Cardholder. Byactivating your Card and giving us your phone numbers and email address, you agree to receive telephone calls andemails from us regarding your Card Account and additional products and services offered to you. When you activate yourCard, we will ask if you will opt-in and agree to receive Notifications from us by pre-recorded telephone calls and SMS textmessages regarding your Card Account. In order to receive SMS text messages, you must have text messaging enabledon your mobile phone and must subscribe to a participating cellular telephone carrier. Although we send suchNotifications to you without charging you, standard cellular telephone carrier messaging and data fees may apply. Checkwith your cellular telephone carrier for more details.You may advise us that you wish to stop receiving ("opt-out" of) SMS Notifications by texting the word "STOP" to the shortcode used for the program. You may also opt-out of any Notification method at any time by calling 800-486-0273 or by e-mailing email@example.com (except as explained below). If you choose to later opt out of receiving Notifications by SMStexts or commercial emails from us, you may receive a confirmation notice confirming your decision to opt-out. You agreethat we may send you such confirmations. You also acknowledge that we may send you emails or call you regarding yourCard Account, even if you have put your number on a Do Not Call list or have opted out of receiving general commercialemail from us. You agree that we shall not be liable for incomplete, lost, late, damaged, illegible, or misdirectedNotifications or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers,hardware/software, lost or unavailable network connections, failed, incomplete, garbled, or delayed transmissions, or
5/14/13 Prepaid Debit Cardsachievecard.com/content/terms_conditions.aspx# 11/11damage to any phone or computer system resulting from your participation in or accessing or downloading information inconnection with such Notifications.ArbitrationAny claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) theCards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) theamount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to theCards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix)transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY andEXCLUSIVELY resolved bybinding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer ArbitrationRules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governedby the Federal Arbitration Act (9 U.S.C. 1-16).We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place inthe federal judicial district of your residence.ARBITRATION OFYOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THATCLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGEIN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OFPROCEDURE.For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows:AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finalexclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered inany court having jurisdiction.NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER ORCONSOLIDATION OFANY CLAIM WITH A CLAIM OFANOTHER PERSON OR CLASS OFCLAIMANTS SHALL BEALLOWABLE .This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer,sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of theCard. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain inforce.IFYOU DO NOT AGREE TO THE TERMS OFTHIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVEYOUR RECEIPT AND CALL US AT 1-800-486-0273 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.This Cardholder Agreement is effective as of February 2013.